Following the Supreme Court’s ruling earlier this month, the Occupational Safety and Health Administration (“OSHA”) is withdrawing the vaccination and testing emergency temporary standard (“ETS”). The withdrawal is effective upon publication in the Federal Register, January 26, 2022. State OSHA departments are not required to take any action.

In its announcement, OSHA stated that it is only withdrawing the vax-or-test rule as an emergency temporary standard, but is not withdrawing the action as a proposed rule. OSHA is now working to finalize a permanent COVID-19 Health Standard. Such a rule will follow the more traditional notice and comment procedures.

Employers should still be vigilant to ensure that their policies related to workplace safety and the vaccination of its employees are compliant with local and state orders and laws.